Carl's Jr. FF/CL CUP 03-042
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
A CARL'S JR. IN A CoG ZONE,
LOCATED ON THE CORNER OF MAIN
STREET AND MERIDIAN ROAD,
-------------------'---
-APPROXIMATELY % MILE NORTH OF
INTERSTA.'FE-&4, MERIDIAN, IDAHO
--~
BY: CLAYTON JONES,
APPLICANT.
CIC 11118/03
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CUP-03-042
ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on November 18, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
at the hour of7:00 o'clock p.m., and the Council having received the record of this matter from
the Planning and Zoning Commission including the Planning and Zoning Commission's
Recommendation to City Council and the minutes ofthat hearing, and Anna Powell Planning
Director for the Planning and Zoning Department, Clayton Jones, Jonathan Gibbs, Phil Atteberry,
Bruce Paine, and Skip Hofferber, appeared and testified, and the Council having duly considered
the matter makes the following Findings of Fact and Conclusions of Law and Decision and
Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I. The City Council takes judicial notice of its Zoning, Subdivision and
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE I OF 8
Development Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all
current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and Maps.
2. Staff has complied with the requirements ofLC. ~~ 67-6509 and 67-
6512 and ~~ 11-2-416 E and 11-2-418 E.
3. G & H Enterprises IT is the current property owner and they have submitted their
notarized consent for the subject application.
4. The proposed location of the applicant's business is at the former KFC site, on the
corner of Main Street and Meridian Road, (the northern corner of the intersection of Meridian
Road, I st Street and Central Drive), Meridian, Idaho. The owner of record of the subject property
is G & H Enterprises II, P.O. Box 10998, Boise, Idaho 83719-0008. The applicant is Clayton
Jones for Carl's Jr., 3413 N. Cole Road, Ste. 128, Boise, Idaho.
5. The applicant, Clayton Jones, has requested approval of a Conditional Use Permit
and Planned Development for the construction of a new Carl's Jr. drive-through restaurant at the
corner of Main St. and Meridian Road. The proposed restaurant would replace the existing
building that formerly housed the Kentucky Fried Chicken, located between the existing Taco
Bell and the new A&W/KFC restaurants.
6. When the new A&W/KFC restaurant received approval for their conditional use
permit, one of the conditions of approval was to abandon the drive-through use of the original
KFC building (File No. CUP-OI-021, FFICL 12.2, pg 5.). The proposed application is for the
construction of a new building and a new drive-through that is in a different location than the
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE20F8
previous drive-through.
7. The applicant is required to apply for a Planned Development because the
proposed Carl's Jr. building wi\1 be the second structure on the subject parcel. The MCC
requires a Planned Development to provide two amenities as part of a Planned Development.
The proposed amenities include a 'Welcome to Meridian' monument sign and a lighted three flag
display with a 'memorial' bench.
8. Two prior applications for Carl's Jr. (CUP-02-026 and CUP-03-017) preceded the
current proposal. Reasons for denial on the first version included traffic congestion and
inadequate employee parking. Reasons for denial on the second version included the
configuration of the drive-through, which required customers to walk across the drive-through to
access the entrance. The applicant has attempted to address these concerns by constructing a
small building that allows for more on-site parking, changing the drive-through location so that
some pedestrians are not forced to cross it, shifting the exit of the drive-through further from the
curb cut on Main Street, and providing more stacking depth (seven cars) than the prior two plans.
9. The building size of the old KFC to be demolished is 3,638.5 sq. ft. The proposed
building from version 1 was 3,901 sq. ft. (larger than the existing structure). The proposed
building from version 2 was 2,124 sq. ft. The proposed building in the subject application is
2,645 sq. ft. For comparison, the new KFC/A&W building is 2,625.8 sq. ft.
10. The applicant has provided a revised site plan with the most recent revision date
of9/16/03.
11. The following uses surround the subject property: North - a Taco Bell restaurant
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE30F8
and Bolo's Restaurant and Tavern, South - A&W/KFC restaurant, East - Central Valley
Corporate Center, and West - Redlin Photography Studio and Republic Storage, all with a CoG
zoning.
12. Congestion has always been a primary issue for the project each time it has come
through the application process.
13. Business owners of Taco Bell and the new A&W/KFC located between the
proposed use, already experience traffic congestion at certain times of the day and night, and the
proposed use would significantly impact the traffic and add additional congestion to the area.
14. More likely than not, the additional proposed use with a drive-through, in the
same lot area would increase the problems cited above, and the size ofthe site along with
compatibility, including changes to the present area, are of major concern.
15. It appears that no matter how this project would be designed there is not enough
room for a restaurant with a drive-through, since there are presently other restaurants in the area
with drive-throughs which create a heavy traffic flow. This additional project would attract more
vehicles, which in turn would create excessive congestion for this area.
16. In order to obtain approval of another building on this lot, the applicant would
have to show that the planned facility, and its use, would generate traffic at hours that do not
coincide with most of the peak vehicle traffic hours of the existing restaurants. The facility
would most likely have to be one which does not contain a drive-through window. It does not
appear that any drive-through configuration can be designed for this site. The facility would have
to be small enough to accommodate the parking that would be required for all employees and the
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. I (CUP-03-042)
PAGE40F 8
vehicles ofthe customers without reducing the parking necessary for the existing businesses
already near this site.
17. The site is bordered on the east by Main Street, a four lane street, and on the west
by Meridian Road, currently a two lane street. The site is not easily accessible to pedestrians and
therefore is highly dependent upon vehicle traffic.
18. The site is currently used for parking by customers of the KFC/A&W restaurant
and customers of the Bolo's restaurant located north of the subject parcel. The addition of more
vehicle parking on this site will increase congestion unless adequate parking spaces are created.
19. The proposed drive-through will exit directly across from the drive-through
window now used by the Taco Bell restaurant. Headlights from vehicles leaving the applicant's
proposed drive-through would shine directly onto vehicles at the Taco Bell drive-through, and
directly into the drive-through window thereby negatively affecting customers and employees of
the Taco Bell restaurant. The close proximity of the proposed drive-through to the existing Taco
Bell drive-through would exacerbate existing congestion and create traffic conflicts.
CONCLUSIONS OF LAW
1. The proposed use would be detrimental to other businesses in the same block
because of the traffic congestion it would create.
2. The site is not large enough to accommodate the proposed use.
3. That the design and operation will not be compatible with the existing or intended
character of the general vicinity and that such use would adversely change the essential character
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE 5 OF 8
ofthe same area due to traffic congestion.
4. That the proposed use would be served adequately by essential public facilities
and services.
5. That the proposed use would not create excessive additional cost for public
facilities.
6. That the proposed use would involve activities or processes, and conditions of
operation that would be detrimental to persons, property, or the general welfare by reason of
excessive production of traffic and noise
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above
named applicant is denied the requested conditional use permit.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE 6 OF 8
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
Dated this 2f1:!: day of Jec.e /h-~
,2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE McCANDLESS
VOTED~
COUNCILMAN WM. L. M. NARY
VOTED~
-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /:z. -2.--03
VOTED
MOTION:
APPROVED:
x
,
DISAPPROVED:
May , Corrie
Attest:
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE70F8
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Copy served upon Applicant, the Plannmg and Z6hmgiDeplffiment, Public Works Department
and the City Attorney.
William G. Berg, Jr., City C
By:Jldh~~~!J.
City Clerk
Dated:
12 - 2 ~03
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ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY CLAYTON JONES
FOR CARL'S JR. 1 (CUP-03-042)
PAGE 8 OF 8